84754 Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations 

§ 25.112 Dismissal and return of 

applications. 

* * * * * 

(b) Applications for space station 

authority found defective under 

paragraph (a)(4) of this section will not 

be considered. Applications for 

authority found defective under 

paragraph (a)(1) or (2) of this section 

may be accepted for filing if: 

* * * * * 

■ 3. Amend § 25.117 by adding 

paragraph (i) to read as follows: 

§ 25.117 Modification of station license. 

* * * * * 

(i) Unless otherwise ordered by the 

Commission, an application to add a 

space station point of communication to 

an earth station authorization will be 

deemed granted 35 days after the date 

of the public notice that the application 

has been accepted for filing, provided: 

(1) The license modification is only to 

add one or more points of 

communication; 

(2) The modification will not cause 

the earth station transmissions to exceed 

the highest EIRP, EIRP density, and 

bandwidth prescribed for any already 

authorized emission; and 

(3) The new space station point of 

communication will operate with the 

earth station only in frequency bands 

that are not shared with Federal or 

terrestrial wireless users and are not 

subject to coordination requirements 

with other non-Federal satellite 

services. 

■ 4. Amend § 25.137 by revising 

paragraph (d)(5) to read as follows: 

§ 25.137 Requests for U.S. market access 

through non-U.S.-licensed space stations. 

* * * * * 

(d) * * * 

(5) Entities that have one market 

access request on file with the 

Commission for NGSO-like satellite 

operations in a particular frequency 

band will not be permitted to request 

access to the U.S. market for another 

NGSO-like satellite system in that 

frequency band in the same processing 

round subject to the procedures of 

§§ 25.157 and 25.261. 

* * * * * 

■ 5. Amend § 25.159 by revising 

paragraph (b) and paragraph (c) 

introductory text to read as follows: 

§ 25.159 Limits on pending applications 

and unbuilt satellite systems. 

* * * * * 

(b) Applicants with an application for 

one NGSO-like satellite system license 

on file with the Commission in a 

particular frequency band will not be 

permitted to apply for another NGSOlike satellite system license in that 

frequency band in the same processing 

round subject to the procedures of 

§§ 25.157 and 25.261. 

(c) If an applicant has an attributable 

interest in one or more other entities 

seeking one or more space station 

licenses or grants of U.S. market access, 

the pending applications and licensedbut-unbuilt satellite systems filed by 

those other entities will be counted as 

filed by the applicant for purposes of 

the limits on the number of pending 

space station applications or requests 

for U.S. market access and licensed-butunbuilt satellite systems in this section 

and in § 25.137(d)(5). For purposes of 

this section, an applicant has an 

‘‘attributable interest’’ in another entity 

if: 

* * * * * 

[FR Doc. 2023–26699 Filed 12–5–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 231129–0281; RTID 0648– 

XC365] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Revised Final 2023 

and 2024 Harvest Specifications for 

Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; closures. 

SUMMARY: NMFS publishes revisions to 

the final 2023 and 2024 harvest 

specifications for the 2024 groundfish 

fisheries of the Bering Sea and Aleutian 

Islands management area (BSAI) that are 

required by the final rule implementing 

Amendment 122 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP). This action is 

necessary to revise the 2024 trawl 

catcher vessel sector’s Pacific cod 

allocation of the total allowable catch 

and associated halibut and crab 

prohibited species catch (PSC) limits in 

the BSAI. The intended effect of this 

action is to conserve and manage the 

groundfish resources in the BSAI in 

accordance with the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: The final 2023 and 2024 harvest 

specifications for 2024 and associated 

apportionment of reserves are effective 

at 0001 hours, Alaska local time (A.l.t.), 

January 1, 2024, until the effective date 

of the final 2024 and 2025 harvest 

specifications for BSAI groundfish, 

which are anticipated to be published in 

the Federal Register in early 2024. 

ADDRESSES: Electronic copies of the 

Final Alaska Groundfish Harvest 

Specifications Environmental Impact 

Statement (EIS), Record of Decision 

(ROD), the annual Supplementary 

Information Reports (SIRs) to the EIS, 

and the Final Regulatory Flexibility 

Analysis (FRFA) prepared for the final 

2023 and 2024 harvest specifications are 

available from the NMFS Alaska Region 

website at https://www.fisheries.

noaa.gov/region/alaska. The 2022 Stock 

Assessment and Fishery Evaluation 

(SAFE) report for the groundfish 

resources of the BSAI, dated November 

2022, and SAFE reports for previous 

years are available from the North 

Pacific Fishery Management Council 

(Council) at 1007 West Third Avenue, 

Suite 400, Anchorage, AK 99501, phone 

907–271–2809, or from the Council’s 

website at https://www.npfmc.org. 

Electronic copies of the Environmental 

Assessment (EA), the Regulatory Impact 

Review, the Social Impact Analysis, and 

the Finding of No Significant Impact 

(FONSI) prepared for Amendment 122 

to the FMP and the implementing rule 

may be obtained from https://

www.regulations.gov in docket number 

NOAA–NMFS–2022–0072 or from the 

NMFS Alaska Region website at https:// 

www.fisheries.noaa.gov/region/alaska. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the FMP and govern the 

groundfish fisheries in the BSAI. The 

Council prepared the FMP, and NMFS 

approved it, under the MagnusonStevens Act. General regulations 

governing U.S. fisheries also appear at 

50 CFR part 600. 

Amendment 122 and the Pacific Cod 

Trawl Cooperative (PCTC) Program 

On August 8, 2023, NMFS published 

a final rule to implement Amendment 

122 to the FMP (Amendment 122), 

which establishes a limited access 

privilege program to harvest Pacific cod 

in the BSAI trawl catcher vessel (CV) 

sector (the PCTC Program). The PCTC 

Program allocates Pacific cod quota 

share to qualifying groundfish License 

Limitation Program license holders and 

qualifying processors and requires 

participants to form cooperatives to 


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harvest the quota. A complete 

description of the purpose and 

background of Amendment 122 is in the 

proposed rule for that action (88 FR 

8592, February 9, 2023), as well as the 

final rule (88 FR 53704, August 8, 2023). 

The PCTC Program and Accompanying 

Changes to the Harvest Specifications 

In order to effectively manage the 

BSAI Pacific cod trawl CV fisheries in 

the beginning of 2024, NMFS must 

revise the final 2023 and 2024 harvest 

specifications (88 FR 14926, March 10, 

2023) for 2024 to be consistent with 

Amendment 122 and implementing 

regulations. The final rule to implement 

Amendment 122 revised the Pacific cod 

trawl CV allocations in the BSAI by 

implementing the PCTC Program in the 

BSAI. Additionally, the final rule 

revised the crab and halibut PSC limits 

for the BSAI trawl limited access sector 

to implement the PCTC Program in the 

BSAI. These regulatory revisions, as 

well as additional revisions necessary to 

be consistent with Amendment 122 and 

implementing regulations (such as 

groundfish and halibut PSC sideboard 

limits), will be incorporated into future 

harvest specifications for the BSAI 

groundfish fisheries, starting with the 

proposed 2024 and 2025 harvest 

specifications, which should be 

published in December 2023. The final 

2024 and 2025 harvest specifications 

should be published by March 2024. 

Revisions to the Final 2023 and 2024 

Harvest Specifications for 2024 for the 

BSAI 

Based on the approval of Amendment 

122 and its implementing regulations at 

50 CFR part 679 (effective September 7, 

2023), NMFS is revising the final 2023 

and 2024 harvest specifications for 2024 

for trawl CV Pacific cod in the BSAI. 

With this final rule, NMFS revises tables 

9 and 16 and adds table 16a in the final 

2023 and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023) to be consistent with 

the final rule implementing Amendment 

122. Tables 9 and 16 were originally 

published in the final 2023 and 2024 

harvest specifications for the BSAI. This 

final rule uses the same table numbers 

and titles for tables 9 and 16 that were 

used in the final 2023 and 2024 harvest 

specifications and adds table 16a. 

However, the title of table 16 is revised 

to remove the term ‘‘AND 2024’’ and the 

reasons for this revision are addressed 

in the next section. 

Revision to Table 9—Final 2024 Sector 

Allocations and Seasonal Allowances of 

the BSAI Pacific Cod TAC 

Table 9 lists the final 2024 Pacific cod 

Community Development Quota (CDQ) 

and non-CDQ TAC amounts; non-CDQ 

seasonal allowances by gear; the sector 

allocations of Pacific cod; and the 

seasons set forth at § 679.23(e)(5). The 

table published in the final 2023 and 

2024 harvest specifications reflects the 

trawl CV sector allocation and seasonal 

allowances, consistent with the 

regulations in effect when the final 2023 

and 2024 harvest specifications were 

published. Table 9 must be revised to 

reflect the trawl CV Incidental Catch 

Amounts (ICAs) and PCTC Program 

allocations for the A and B seasons in 

accordance with regulatory changes 

made under Amendment 122. Pursuant 

to § 679.131(b), the A and B season 

trawl CV Pacific cod TAC specified for 

the BSAI is now allocated between the 

ICA and the PCTC Program. This is a 

change from 2023 and prior years, when 

the trawl CV A and B Pacific cod 

seasons were not further allocated. This 

final action revises table 9 to 

incorporate the correct sector 

allocations and seasonal allowances for 

2024 Pacific cod in the BSAI. 

TABLE 9—FINAL 2024 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC 

[Values are rounded to the nearest metric ton] 

Sector Percent 

2024 Share 

of gear 

sector total 

2024 Share 

of sector 

total 

2024 Seasonal allowances 

Season Amount 

Total Bering Sea TAC ........................................ n/a 123,295 n/a n/a ........................................... n/a 

Bering Sea CDQ ................................................ n/a 13,193 n/a See § 679.20(a)(7)(i)(B) .......... n/a 

Bering Sea non-CDQ TAC ................................. n/a 110,102 n/a n/a ........................................... n/a 

Total Aleutian Islands TAC ................................ n/a 8,425 n/a n/a ........................................... n/a 

Aleutian Islands CDQ ......................................... n/a 901 n/a See § 679.20(a)(7)(i)(B) .......... n/a 

Aleutian Islands non-CDQ TAC ......................... n/a 7,524 n/a n/a ........................................... n/a 

Western Aleutians Islands Limit ......................... n/a 1,323 n/a n/a ........................................... n/a 

Total BSAI non-CDQ TAC 1 ............................... 100.0 117,626 n/a n/a ........................................... n/a 

Total hook-and-line/pot gear .............................. 60.8 71,517 n/a n/a ........................................... n/a 

Hook-and-line/pot ICA2 ...................................... n/a n/a 500 n/a ........................................... n/a 

Hook-and-line/pot sub-total ................................ n/a 71,017 n/a n/a ........................................... n/a 

Hook-and-line catcher/processors ...................... 48.7 n/a 56,883 n/a ........................................... n/a 

A-season ............................................................ ................ ........................ ........................ Jan 1–Jun 10 .......................... 29,011 

B-season ............................................................ ................ ........................ ........................ Jun 10–Dec 31 ....................... 27,873 

Hook-and-line catcher vessels >60 ft LOA ........ 0.2 n/a 234 n/a ........................................... n/a 

A-season ............................................................ ................ ........................ ........................ Jan 1–Jun 10 .......................... 119 

B-season ............................................................ ................ ........................ ........................ Jun 10–Dec 31 ....................... 114 

Pot catcher/processors ....................................... 1.5 n/a 1,752 n/a ........................................... n/a 

A-season ............................................................ ................ ........................ ........................ Jan 1–Jun 10 .......................... 894 

B-season ............................................................ ................ ........................ ........................ Sept 1–Dec 31 ........................ 859 

Pot catcher vessels >60 ft LOA ......................... 8.4 n/a 9,812 n/a ........................................... n/a 

A-season ............................................................ ................ ........................ ........................ Jan 1–Jun 10 .......................... 5,004 

B-season ............................................................ ................ ........................ ........................ Sept 1–Dec 31 ........................ 4,808 

Catcher vessels <60 ft LOA using hook-andline or pot gear.2.0 n/a 2,336 n/a ........................................... n/a 

Trawl catcher vessels 3 ....................................... 22.1 25,995 n/a n/a ........................................... n/a 

A-Season ICA ..................................................... ................ ........................ ........................ Jan 20–Apr 1 .......................... 1,500 

A-season PCTC ................................................. ................ ........................ ........................ Jan 20–Apr 1 .......................... 17,737 

B-season ICA ..................................................... ................ ........................ ........................ Apr 1–Jun 10 .......................... 700 

B-season PCTC ................................................. ................ ........................ ........................ Apr 1–Jun 10 .......................... 2,159 

C-season trawl catcher vessels ......................... ................ ........................ ........................ Jun 10–Nov 1 ......................... 3,899 

AFA trawl catcher/processors ............................ 2.3 2,705 n/a n/a ........................................... n/a 


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TABLE 9—FINAL 2024 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued 

[Values are rounded to the nearest metric ton] 

Sector Percent 

2024 Share 

of gear 

sector total 

2024 Share 

of sector 

total 

2024 Seasonal allowances 

Season Amount 

A-season ............................................................ ................ ........................ ........................ Jan 20–Apr 1 .......................... 2,029 

B-season ............................................................ ................ ........................ ........................ Apr 1–Jun 10 .......................... 676 

C-season ............................................................ ................ ........................ ........................ Jun 10–Nov 1 ......................... ........................

Amendment 80 ................................................... 13.4 15,762 n/a n/a ........................................... n/a 

A-season ............................................................ ................ ........................ ........................ Jan 20–Apr 1 .......................... 11,821 

B-season ............................................................ ................ ........................ ........................ Apr 1–Jun 10 .......................... 3,940 

C-season ............................................................ ................ ........................ ........................ Jun 10–Dec 31 ....................... ........................

Jig ....................................................................... 1.4 1,647 n/a n/a ........................................... n/a 

A-season ............................................................ ................ ........................ ........................ Jan 1–Apr 30 .......................... 988 

B-season ............................................................ ................ ........................ ........................ Apr 30–Aug 31 ........................ 329 

C-season ............................................................ ................ ........................ ........................ Aug 31–Dec 31 ....................... 329 

1The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and Aleutian Islands (AI) Pacific 

cod TACs, after subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in that subarea, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)). 2The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line 

and pot sectors. The Regional Administrator establishes an ICA of 500 metric tons (mt) based on anticipated incidental catch by these sectors in 

other fisheries. 3The A and B season trawl CV Pacific cod allocation will be allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A 

and B season ICAs (§ 679.131(b)(1)). The Regional Administrator establishes ICAs for the A and B seasons of 1,500 mt and 700 mt, respectively, to account for projected incidental catch of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than PCTC 

Program Pacific cod. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

Revision to Table 16—Final 2023 and 

2024 Prohibited Species Bycatch 

Allowances for the BSAI Trawl Limited 

Access Sector 

Table 16 lists the seasonal allocations 

of the 2023 and 2024 crab and halibut 

PSC limits in the BSAI for the BSAI 

trawl limited access sector by fishery 

category and season. These allocations 

are made pursuant to § 679.21(b) and (e) 

(as revised). The table published in the 

final 2023 and 2024 harvest 

specifications incorporates fishery 

categories and seasonal apportionments 

for the trawl CV sector and American 

Fisheries Act (AFA) catcher/processor 

(CP) sector. NMFS is removing ‘‘AND 

2024’’ from the title for table 16 and is 

adding table 16a to incorporate the 

correct 2024 PCTC Program allocations 

to trawl CVs and AFA CPs in 

accordance with regulatory changes 

made under Amendment 122. For the 

PCTC Program, NMFS will apportion 

the crab PSC limit assigned to the BSAI 

trawl limited access sector Pacific cod 

fishery to the trawl CV sector at 90.6 

percent and to the AFA CP sector at 9.4 

percent (§ 679.131(d)). NMFS will 

apportion the halibut PSC limit assigned 

to the BSAI trawl limited access sector 

Pacific cod fishery to the trawl CV 

sector at 98 percent and to the AFA CP 

sector at 2 percent (§ 679.131(c)). NMFS 

will then apportion the crab and halibut 

PSC limit to the trawl CV sector for the 

A and B seasons combined (January 20 

through June 10), and C season (June 10 

through November 1). Of the crab and 

halibut PSC limit apportioned to the 

trawl CV sector, 95 percent will be 

available for the PCTC Program in the 

combined A and B seasons and 5 

percent is available for the C season. 

To implement the crab and halibut 

PSC reductions under the PCTC 

Program, NMFS will annually apply a 

fixed percentage reduction to the 

combined A and B seasons PSC 

apportionment derived from the Pacific 

cod trawl CV sector halibut PSC 

apportionment because the specific 

percentage of the total halibut PSC limit 

assigned to the BSAI trawl limited 

access sector (§ 679.21(b)(1)(ii)), as well 

as the total crab PSC limit assigned to 

the BSAI trawl limited access sector 

(§ 679.21(e)(3)(i)), may change annually. 

The total crab PSC reduction under the 

PCTC Program is 35 percent, and NMFS 

is fully implementing this reduced PSC 

limit in the 2024 harvest specifications. 

The total halibut PSC reduction under 

the PCTC Program is 25 percent, which 

will be phased in over 2 years, 

consistent with the PCTC Program 

regulations (§ 679.131(c)(1)(iii)). In the 

first year of the PCTC Program, NMFS 

is applying a 12.5 percent reduction to 

the combined A and B seasons trawl CV 

sector halibut PSC apportionment in the 

2024 harvest specifications. In the 

second year and every year thereafter, 

NMFS will apply the 25 percent 

reduction to the combined A and B 

season trawl CV sector halibut PSC 

apportionment. This final action revises 

table 16 to remove ‘‘AND 2024’’ because 

this revision action requires a new table 

for 2024. 

TABLE 16–FINAL 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR

BSAI trawl limited access fisheries 

Prohibited species and area and zone 1

Halibut 

mortality 

(mt) BSAI 

Red king crab 

(animals) 

zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi 

(animals) 

Zone 1 Zone 2 

Yellowfin sole ..................................................................................... 265 7,700 1,192,179 293,234 1,005,879 

Rock sole/flathead sole/Alaska plaice/other flatfish 2 ........................ ........................ ........................ .................... .................. ....................

Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ........................ ........................ .................... .................. ....................

Rockfish April 15–December 31 ........................................................ 5 ........................ 1,006 .................. 849 

Pacific cod .......................................................................................... 300 975 50,281 50,816 42,424 


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TABLE 16–FINAL 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR— 

Continued 

BSAI trawl limited access fisheries 

Prohibited species and area and zone 1

Halibut 

mortality 

(mt) BSAI 

Red king crab 

(animals) 

zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi 

(animals) 

Zone 1 Zone 2 

Pollock/Atka mackerel/other species 3 ............................................... 175 65 5,028 4,235 4,243 

Total BSAI trawl limited access PSC ......................................... 745 8,739 1,248,494 348,285 1,053,394 

Note: Seasonal or sector allowances may not total precisely due to rounding. 1 Refer to § 679.2 for definitions of areas and zones. 

2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, 

flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 

TABLE 16A—FINAL 2024 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTORS

AND PACIFIC COD TRAWL COOPERATIVE PROGRAM

BSAI trawl limited access sector fisheries 

Prohibited species and area 1

Halibut 

mortality 

(mt) BSAI 

Red king crab 

(animals) 

zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi 

(animals) 

Zone 1 Zone 2 

Yellowfin sole ..................................................................................... 265 7,700 1,192,179 293,234 1,005,879 

Rock sole/flathead sole/other flatfish 2 ............................................... ........................ ........................ .................... .................. ....................

Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ........................ ........................ .................... .................. ....................

Rockfish, April 15–December 31 ....................................................... 5 ........................ 1,006 .................. 849 

Total Pacific cod 3 .............................................................................. 300 975 50,281 50,816 42,424 

AFA CP Pacific cod ........................................................................... 6 92 4,726 4,777 3,988 

PCTC Program Pacific cod, A and B Season ................................... 244 545 28,130 28,429 23,734 

Trawl CV Pacific cod, C Season ....................................................... 15 44 2,278 2,302 1,922 

PCTC Program unallocated reduction ............................................... 35 294 15,147 15,308 12,780 

Pollock/Atka mackerel/other species 4 ............................................... 175 65 5,028 4,235 4,243 

Total BSAI trawl limited access sector PSC ..................................... 745 8,739 1,248,494 348,285 1,053,394 

1 Refer to § 679.2 for definitions of areas and zones. 

2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, 

flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 3With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season (§ 679.131(c) and (d)). In the first year of the Program, 2024, 

NMFS will apply a 12.5 percent reduction to the A and B season trawl CV sector halibut PSC limit and a 35 percent reduction to the A and B 

season trawl CV sector crab PSC limit. The proposed 2024 PCTC Program A and B season halibut and crab PSC limits include these reductions. In the second year of the Program and every year thereafter, NMFS will apply a 25 percent and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC limit, respectively. Any amount of the PCTC Program PSC limit remaining after the B season may be 

reapportioned to the trawl CV limited access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC Program 

is not a fixed amount established in regulation and, instead, is determined annually through the harvest specification process, NMFS must apply 

the reductions to the A and B season apportionment of the trawl CV sector apportionment to implement the overall PSC reductions under the 

PCTC Program. 4 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 

Note: Species apportionments may not total precisely due to rounding. 

This final rule is necessary to ensure 

that appropriate Pacific cod allocations 

and crab and halibut PSC limits will be 

in effect for the beginning of the 2024 

fishing year for those fishery 

participants affected by the PCTC 

Program changes that were established 

under Amendment 122 and its 

implementing regulations. These 

changes to the Pacific cod allocations 

and crab and halibut PSC limits also 

will be incorporated in future harvest 

specifications for the BSAI groundfish 

fisheries. 

Classification 

NMFS issues the groundfish harvest 

specifications pursuant to 305(d) of the 

Magnuson-Stevens Act. Through 

previous actions, the FMP and 

regulations authorize NMFS to issue the 

groundfish harvest specifications. See 

50 CFR part 679. The NMFS Assistant 

Administrator has determined that these 

revisions to the final 2023 and 2024 

harvest specifications for 2024 are 

consistent with the FMP, the MagnusonStevens Act, and other applicable laws. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

NMFS Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment on this 

action as notice and comment would be 

unnecessary and contrary to the public 

interest. Through this action, NMFS 

revises the final 2024 BSAI harvest 

specifications to be consistent with the 

final rule implementing Amendment 

122 to the FMP and to ensure that the 

2024 trawl CV Pacific cod allocation 

and PSC limit changes implemented 

under Amendment 122 and its final rule 

will be effective at the beginning of the 

2024 fishing year. Prior notice and 

opportunity for public comment on this 

action is unnecessary because the 

revisions from this action merely update 

the 2024 BSAI harvest specifications to 

reflect allocations and PSC limits 

implemented and required by the final 


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rule for Amendment 122: the 2023 and 

2024 groundfish harvest specifications 

have already been subject to notice and 

comment, and the final rule and 

Amendment 122 were also already 

subject to notice and comment. This 

action does not revise the final 2023 and 

2024 BSAI harvest specifications in any 

substantive manner not previously the 

subject of notice and comment during 

the development of Amendment 122 

and implementing regulations. 

In addition, it is important and 

necessary that the Pacific cod 

allocations and PSC limits revised 

under Amendment 122 and its 

implementing regulations are effective 

at the beginning of the 2024 fishing 

year, rather than waiting to implement 

the revisions in the final 2024 and 2025 

BSAI harvest specifications, which will 

not be effective until after the start of 

the 2024 fishing year. The current 2023 

and 2024 BSAI harvest specifications 

became effective before Amendment 122 

was published. The Pacific cod fisheries 

in the BSAI are intensive, fast-paced 

fisheries. U.S. fishing vessels have 

demonstrated the capacity to catch the 

Pacific cod TAC allocations in these 

fisheries. This fleet in particular targets 

much of their annual catch early in the 

year when fish school up to spawn. 

Much of this fishing will be over by 

when the final 2024 and 2025 BSAI 

harvest specifications publish in 

February or March of 2024. The harvest 

specifications rely upon annual surveys 

and analyses to set the following year’s 

allocations. Such surveys were not 

available in time to assess the data and 

publish this rule any sooner. Any delay 

in allocating the 2024 Pacific cod trawl 

CV TACs under Amendment 122 and its 

implementing regulations would cause 

confusion to the industry and potential 

economic harm through unnecessary 

discards. 

Determining which fisheries may 

close is impossible because these 

fisheries are affected by several factors 

that cannot be predicted in advance, 

including fishing effort, weather, 

movement of fishery stocks, and market 

price. Furthermore, the closure of one 

fishery has a cascading effect on other 

fisheries by freeing up fishing vessels, 

allowing them to move from closed 

fisheries to open fisheries, increasing 

the fishing capacity in those open 

fisheries, and causing them to close at 

an accelerated pace. Accordingly, 

waiver of prior notice and opportunity 

for public comment and publication of 

this final rule is necessary to ensure that 

the allocations and limitations required 

under the final rule to implement 

Amendment 122 will be effective at the 

beginning of the 2024 fishing year and 

to provide the regulated community 

with timely, adequate, and accurate 

information necessary to allow the 

industry to plan for the 2024 fishing 

season, to conduct orderly and efficient 

fisheries, and to avoid potential 

disruption to the fishing fleet and 

processors. 

For the same reasons, NMFS finds 

good cause under 5 U.S.C. 553(d)(3) to 

waive the 30-day delay in the effective 

date. 

NMFS prepared a Final EIS for the 

Alaska groundfish harvest specifications 

and alternative harvest strategies (see 

ADDRESSES) and made it available to the 

public on January 12, 2007 (72 FR 

1512). On February 13, 2007, NMFS 

issued the ROD for the Final EIS. In 

January–February 2023, NMFS prepared 

a SIR for the 2023 and 2024 harvest 

specifications and determined that a 

supplemental EIS is not necessary to 

implement the 2023 and 2024 harvest 

specifications. Copies of the Final EIS, 

ROD, and annual SIRs for this action are 

available from NMFS (see ADDRESSES). 

NMFS also prepared an EA and FONSI 

in conjunction with Amendment 122 to 

the BSAI FMP (See ADDRESSES). 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act are 

inapplicable. This rule modifies the 

final 2023 and 2024 harvest 

specifications to be consistent with 

Amendment 122 and implementing 

regulations, for both of which NMFS 

prepared a FRFA. A FRFA was prepared 

to evaluate the impacts on small entities 

resulting from establishing the final 

2023 and 2024 harvest specifications, in 

accordance with Section 604 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 604). The FRFA was published 

with the harvest specifications final rule 

(88 FR 14926, March 10, 2023) and is 

not repeated here. Additionally, an 

initial regulatory flexibility analysis 

(IRFA) and FRFA were prepared for 

Amendment 122. The FRFA for 

Amendment 122 incorporates the IRFA, 

a summary of the significant issues 

raised by the public comments in 

response to the IRFA, NMFS’s responses 

to those comments, and a summary of 

the analyses completed to support the 

action. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. A FRFA was not 

required to implement this rule. 

NMFS, however, provides the 

following information as a plain 

language guide to assist small entities in 

complying with this final rule. This 

final rule is necessary to revise final 

2023 and 2024 harvest specifications for 

2024 Pacific cod allocations and crab 

and halibut PSC limits in the BSAI so 

that the allocations and PSC limits are 

consistent with new fishery allocations 

and PSC limits established under the 

final rule to implement Amendment 

122. This action affects all fishermen 

who participate in the trawl CV and 

AFA CP sectors Pacific cod fisheries in 

the BSAI. The specific amounts of 

Pacific cod TAC apportionments and 

PSC limit allocations are provided in 

tabular form to assist the reader. NMFS 

will announce closures of directed 

fishing in the Federal Register and in 

information bulletins released by the 

Alaska Region. Affected fishermen 

should keep themselves informed of 

such closures. Additional information 

on the PCTC Program, including a small 

entity compliance guide, can be found 

on the NMFS Alaska Region website at 

https://www.fisheries.noaa.gov/s3/2023- 

08/PCTC-Small-Entity-ComplianceGuide-FAQ.pdf. 

Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 

1540 (f), 1801 et seq.; 16 U.S.C. 3631 et seq.; 

Pub. L. 105–277; Pub. L. 106–31; Pub. L. 

106–554; Pub. L. 108–199; Pub. L. 108–447; 

Pub. L. 122–241; Pub. L 122–479. 

Dated: November 30, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–26639 Filed 12–5–23; 8:45 am] 

BILLING CODE 3510–22–P 


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